JOHN CARLOS I

KING OF SPAIN

To all who present it and understand it.

Sabed: That the General Courts have approved and I come to sanction the following Law.

EXPLANATORY STATEMENT

Spanish society demands effective, specialized and modern intelligence services, capable of meeting the new challenges of the current national and international scenario, governed by the principles of control and submission to the legal order.

The current regulation of the Higher Defense Information Center is contained in a plurality of provisions, none of them of legal status, which have meant an effort to adapt their structures and function to the new requirements of society and the State. However, they lack a unitary and systematic regulation and the appropriate legal status in the light of the Constitution.

Only the status of your staff was designed by a standard with a formal and developed law.

This situation makes it necessary to address a new regulation of the intelligence services by means of a law with a range of law, in which the nature, objectives, principles, functions, objectives, principles, functions, substantial aspects of its organisation and administrative legal regime, as well as parliamentary and judicial controls, making them the essence of their efficient and transparent functioning.

This law, taking inspiration from the model of the countries of our political and cultural environment, is therefore intended to provide the intelligence services of the precise instruments so that they can meet the objectives assigned to them by the legal and regulatory provisions.

The National Intelligence Center is created that replaces the Superior Defense Information Center and, given the nature and missions that it will have, it is configured as a special public body for those planned in the Additional provision of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the State.

In this way, it will have the necessary functional autonomy for the fulfillment of its missions, so it will have a specific budgetary, hiring and personnel regime.

With regard to the latter, this law contains the necessary enabling for the government to approve a single and uniform statute for all personnel serving in the National Intelligence Center, since, in case of contrary, such personnel would be governed by different legislations depending on their condition and relationship with the Administration.

The main mission of the National Intelligence Center will be to provide the government with the information and intelligence necessary to prevent and avoid any risks or threats affecting the independence and integrity of the Spain, the national interests and the stability of the rule of law and its institutions.

The Center will continue to be attached to the Ministry of Defense.

This subscription takes on a new sense in the light of the new challenges that for the intelligence services are derived from the so-called emerging risks, which this Law faces when defining the functions of the Center. Its objectives, as defined by the Government, will be approved annually by the Council of Ministers and will be reflected in the Intelligence Directive.

The National Intelligence Center will operate under the principle of coordination with the other information services of the Spanish State. To this end, the Government's Delegation for Intelligence Affairs, chaired by the Vice President of the Government appointed by its President and made up of the Minister of Foreign Affairs, the Minister of Defense, the Minister of Defense, is hereby established. Interior, the Minister of Economy, the Secretary General of the Presidency, the Secretary of State for Security and the Secretary of State Director of the National Intelligence Center.

For the first time, a law specifically contemplates the principle of parliamentary control of the activities of the National Intelligence Center. This law, while respecting parliamentary autonomy, provides for the Commission to monitor the appropriations for expenditure reserved for the control of the activities of the Centre, knowing the objectives which have been approved by the Commission. the Government and an annual report on the degree of compliance with them and their activities. According to the rules of Parliament, the members of this Commission are also those who know about the official secrets.

The bill includes those aspects of the regulation of the National Intelligence Center that, according to the Constitution, are not reserved for Organic Law. It is in the Supplementary Organic Law of this Law that the prior control of the activities of the National Intelligence Center is addressed.

Both Laws must be interpreted jointly and systematically, since the adoption of measures requiring prior judicial authorization must be justified in the fulfilment of the functions assigned to the Center by this Law. National Intelligence.

CHAPTER I

General provisions

Article 1. The National Intelligence Center.

The National Intelligence Center is the Public Body responsible for providing the President of the Government and the Government of the Nation with information, analysis, studies or proposals to prevent and prevent any danger, threat or aggression against the independence or territorial integrity of Spain, the national interests and the stability of the rule of law and its institutions.

Article 2. Principles.

1. The National Intelligence Center shall be governed by the principle of submission to the legal system and shall carry out its specific activities in the framework of the conditions expressly provided for in this Law and in the Organic Law. 2/2002, of 7 May, regulator of the prior judicial control of the National Intelligence Center.

2. Without prejudice to the protection of its activities, the performance of the National Intelligence Center will be subject to parliamentary and judicial control in the terms that this Law and the Organic Law regulating the prior judicial control of the National Center Intelligence determines.

3. In the development of its functions, the National Intelligence Center will act under the principles of effectiveness, specialization and coordination, in accordance with the intelligence objectives defined by the Government.

Article 3. Scheduling goals.

The government will determine and approve annually the objectives of the National Intelligence Center through the Intelligence Directive, which will have a secret character.

Article 4. Functions of the National Intelligence Center.

To meet its objectives, the National Intelligence Center will perform the following functions:

a) Get, evaluate and interpret information and disseminate the intelligence necessary to protect and promote the political, economic, industrial, commercial and strategic interests of Spain, being able to act in or out of the national territory.

b) Prevent, detect and enable the neutralization of those activities of foreign services, groups or persons who put at risk, threaten or threaten the constitutional order, the rights and freedoms of the Spanish citizens, the sovereignty, integrity and security of the state, the stability of their institutions, national economic interests and the well-being of the population.

c) To promote the relations of cooperation and collaboration with intelligence services of other countries or international organizations, for the best fulfillment of their objectives.

d) Obtain, evaluate and interpret the traffic of signals of a strategic nature, for the fulfillment of the intelligence objectives identified to the Center.

e) Coordinate the action of the different agencies of the Administration using means or procedures of number, to guarantee the security of the information technologies in this field, to inform on the acquisition coordination of cryptographic material and training of staff, own or other services of the Administration, specialist in this field to ensure the proper fulfilment of the Centre's missions.

f) Vellar for compliance with regulations regarding the protection of classified information.

g) Ensuring the security and protection of your own facilities, information and material and personal means.

Article 5. Activities of the National Intelligence Center.

1. The activities of the National Intelligence Center, as well as its internal organization and structure, means and procedures, personnel, facilities, databases and data centers, sources of information and information or data that may lead to the knowledge of the above matters, constitute classified information, with the degree of secrecy, in accordance with the provisions of the legislation regulating the official secrets and in the international agreements or, where appropriate, with the highest level classification as provided for in that legislation and in the abovementioned Agreements.

2. The National Intelligence Center will maintain with the rest of the public administrations, where appropriate, the cooperation and coordination relations necessary for the best performance of their missions, in accordance with the legislation in force in each case and preserving the legal protection of the Centre's activities.

3. The National Intelligence Center will be able to provide and use media and activities under cover, and can obtain from the authorities legally responsible for their issuance the identities, license plates and permits that are necessary and appropriate to the needs of their missions.

In addition, its members shall have documentation that accredits them, if necessary, as members of the Center, without it exempting the person or entity in which the accreditation of the obligation to keep occurs. secret on the identity of such staff. The competent authorities before which members of the National Intelligence Centre appear, for reasons related to the activities of the service, shall take the necessary measures to ensure the protection of personal data, identity and appearance of those.

They will also have a gun license, depending on the needs of the service, in accordance with current regulations.

4. The members of the National Intelligence Center shall not be considered as agents of the authority, except for those who perform professional duties related to the protection of the staff of the Center and the facilities of the same.

5. For the performance of its functions, the National Intelligence Center may carry out security investigations on persons or entities in the manner provided for in this Law and in the Organic Law regulating the prior judicial control of the Center. National Intelligence. In order to carry out these investigations, it will be possible to obtain precise collaboration from public and private bodies and institutions.

CHAPTER II

From the organization and legal regime

Article 6. Government Delegation for Intelligence Affairs.

1. The Government's Delegation for Intelligence Affairs will ensure the proper coordination of all the information and intelligence services of the State for the formation of an intelligence community.

2. The Commission shall be chaired by the Vice-President of the Government appointed by its President and made up of the Ministers for Foreign Affairs, Defence, Interior and Economic Affairs, as well as the Secretary-General of the Presidency, the Secretary of State for Security and the Secretary of State Director of the National Intelligence Center, who will act as Secretary.

3. By way of derogation from the preceding paragraph, the members of the other higher bodies and managers of the General Administration of the State which is deemed appropriate may be invited to the meetings of the Commission.

4. Corresponds to the Delegate Commission:

a) Propose to the President of the Government the annual objectives of the National Intelligence Center to integrate the Intelligence Directive.

b) Track and evaluate the development of the objectives of the National Intelligence Center.

c) Velar for the coordination of the National Intelligence Center, the information services of the State Security Corps and Forces, and the organs of the Civil and Military Administration.

Article 7. Organization.

1. The National Intelligence Center is organically attached to the Ministry of Defense.

2. Its organization, economic and budgetary regime and personnel will be developed under the functional autonomy regime under the figure of the public body with its own legal personality and full capacity to act.

3. The National Intelligence Center shall be structured in an Directorate, the holder of which shall have the rank of Secretary of State, a General Secretariat and the units to be determined by law.

Article 8. Legal regime.

1. The personnel who provide services in the National Intelligence Center, whatever their origin, will be subject to the same and unique staff regulations that will be approved by the Government and in which, according to the functions and nature of the Centre, shall be regulated at least the following:

a) The process of selecting personnel, which will require the improvement of objective tests according to the principles of merit and capacity.

b) The temporary or permanent nature of the service relationship with the National Intelligence Center.

c) The hierarchical structure of the National Intelligence Center and the resulting organic and functional relationships.

(d) Administrative measures to ensure the reservation of personnel management aspects affecting the operation of the Centre.

Notwithstanding the foregoing, the Center may hire other personnel on a labor basis to meet its maintenance and functioning needs not related to the effective exercise of the functions provided by this Law. entrusts. This staff may be subject to the security and control measures deemed necessary for those which are generally provided for in the staff regulations of the Centre.

2. The National Intelligence Center will produce a preliminary draft budget annually and raise it to the Minister of Defense for referral to the Council of Ministers, which will integrate it into the General Budget of the State for its subsequent referral to the General Courts.

3. The control of the economic and financial management shall be carried out in accordance with the provisions of the General Budget Law for the public bodies provided for in the additional provision of Law 6/1997 of 14 April of the Organization and Operation of the General Administration of the State. The Government shall establish the necessary peculiarities to ensure its autonomy and functional independence.

4. In his/her estate and procurement regime, he/she may be subject to private law.

Article 9. Secretary of State Director of the National Intelligence Center.

1. The Secretary of State Director of the National Intelligence Center will be appointed by Royal Decree on the proposal of the Minister of Defense. The term of office shall be five years, without prejudice to the power of the Council of Ministers to replace them at any time.

2. It is up to the Secretary of State Director of the National Intelligence Center to promote the Center's activities and coordinate its units to achieve the intelligence objectives set by the government, to ensure the adequacy of the activities of the Centre to those objectives and to show the representation of the Centre.

Also, it corresponds to:

a) Develop the proposal of the organic structure of the National Intelligence Center and appoint and separate the owners of its management bodies.

b) Approve the preliminary draft budget.

c) Maintain the necessary relationship procedures for the development of the specific activities of the National Intelligence Center, as well as the conclusion of contracts and agreements with public or private entities that are accurate for the fulfilment of their purposes.

d) Maintain and develop, within the scope of its competence, collaboration with the information services of the State Security Forces and Corps, and the civil and military administration bodies, relevant to the intelligence objectives.

e) Exercise the powers granted to the Presidents and Directors of public bodies and those assigned to them by the implementing provisions.

f) Perform the functions of the National Intelligence and Counterintelligence Authority and the leadership of the National Critical Center.

g) Perform how many other functions are legally or regulatively attributed to you.

Article 10. General Secretary of the National Intelligence Center.

1. The Secretary General of the National Intelligence Center, with the rank of Undersecretary, will be appointed by Royal Decree on the proposal of the Minister of Defense, among persons of recognized experience and professional competence in the field of Intelligence. It shall replace the Director in cases of absence, vacancy or disease.

2. The Secretary-General of the National Intelligence Center shall exercise the functions conferred upon him by the Royal Decree of the Center's structure, and in particular the following:

a) Support and assist the Director of the National Intelligence Center in the exercise of his or her duties.

b) Establish the mechanisms and systems of the Center and determine the precise actions for its updating and improvement.

c) Address the operation of the Center's common services through the corresponding instructions and service orders.

d) To perform the senior management of the staff of the Centre, to draw up the proposal for the employment relationship and to determine the vacant posts to be provided during each financial year.

e) The others that are legally or regulated are entrusted to you.

CHAPTER III

From The Control

Article 11. Parliamentary control.

1. The National Intelligence Center shall submit to the knowledge of the Congress of Deputies, in the form provided for in its Rules of Procedure, through the Commission which controls the appropriations for reserved expenditure, chaired by the President of the Chamber, appropriate information on its operation and activities. The content of such sessions and their deliberations shall be secret.

2. The Commission of the Congress of Deputies shall have access to the knowledge of classified matters, with the exception of those concerning the sources and means of the National Intelligence Center and those that come from foreign services or international organisations in the terms set out in the relevant agreements and conventions for the exchange of classified information.

3. The members of the Commission will be obliged, in the terms of the Rules of Procedure of the Congress of Deputies, to keep secret about the information and documents they receive. Once the documents are examined, they will be reintegrated into the National Intelligence Center for proper custody, without the possibility of retaining originals, copies or reproductions.

4. The Commission referred to in this Article shall be aware of the intelligence objectives established annually by the Government and of the report which, also on an annual basis, shall be drawn up by the Director of the National Centre for Evaluation activities, status and degree of compliance with the objectives outlined for the previous period.

Article 12. Prior judicial review.

The prior judicial control of the National Intelligence Center will be carried out in the manner provided for in the Organic Law on the prior judicial control of the National Intelligence Center, which is complementary to this Law.

Additional disposition first. Legal nature.

The National Intelligence Center is included within the public bodies referred to in the additional provision of Law 6/1997, of 14 April, of the Organization and the Functioning of the General Administration of the Status.

Additional provision second. Suppression of the Higher Defense Information Center.

1. The Higher Defense Information Center is deleted.

2. The National Intelligence Center will succeed the Superior Defense Information Center in the exercise of its functions and duties, subrogated in the ownership of the property, rights and obligations of the State affected or constituted in virtue of the above mentioned functions and their documentary background.

3. All references that contain the existing regulations to the Higher Defense Information Center will be construed as references to the National Intelligence Center.

Additional provision third. Enabling organic attachment.

The President of the Government is authorized to modify, by Royal Decree, the organic membership of the National Intelligence Center, provided for in article 7.1 of this Law. The Department to which the Centre is attached shall exercise the powers conferred on it by this Law to the Ministry of Defence and its holder.

Single transient arrangement. Guarantee of acquired rights.

1. The staff who, upon the entry into force of this Law, have the consideration of permanent or temporary staff of the Higher Defense Information Center, will be integrated in the same condition in the National Center of Intelligence.

2. As long as the regulatory development of this Law does not occur and a staff status of the National Intelligence Center is approved, the Royal Decree 1324/1995 of July 28, establishing the staff regulations of the National Intelligence Center, will continue in force. Superior Defense Information Center.

3. The classification group, personal grade and other economic rights that the staff of the Senior Defense Information Center have recognized, will be fully guaranteed in the new personnel regime.

Single repeal provision.

Any provisions of equal or lower rank shall be repealed as opposed to the provisions of this Law.

Final disposition first. Faculty of development.

The Council of Ministers is empowered to dictate how many provisions are necessary for the implementation and development of this Law.

Final disposition second. Budgetary changes.

The Ministry of Finance will make appropriate budgetary changes to comply with the provisions of this Law.

Final disposition third. Entry into force.

This Law shall enter into force on the day of its publication in the Official Gazette of the State.

Therefore, I command all Spaniards, individuals and authorities, to keep and keep this Law.

Madrid, 6 May 2002.

JOHN CARLOS R.

The President of the Government,

JOSÉ MARÍA AZNAR LÓPEZ